betNOW Terms and Conditions

SPECIAL NOTE FOR SUN & NOWT READERS & DREAM TEAM MANAGERS WITH betNOW

for new betNOW customers only * Mobile redemption

The Sun, News of the World and Dream Team FC teamed up with betNOW, the instant text betting service, to offer all new customers a completely free £3 bet.

It’s so quick and easy to place your bet, simply place your FREE BET by text just like any other text message. There’s no registration or subscription and you don’t have to download any complicated software.

It’s so quick and couldn’t be easier to use. And it’s completely free so why not give it a go?

HOW TO CLAIM YOUR FREE £3 BET

1. To get your free bet simply text the promotional code word to 89000.

2. You will receive two texts back from betNOW - a welcome text confirming your free bet and a 2nd text with the betting options for the relevant race or game – For example A: WIN, B: LOSE:, C: DRAW and some correct scores.

3. Wait to receive your 2nd reply text then EITHER reply A, B or C etc to place your £3 FREE BET OR if you want to bet on a different race or game, simply send your team or horse name AFTER you’ve received your welcome texts. Then reply A,B or C to the bet offer you receive for this alternate game or race.

4. After your first free £3 bet you can continue betting from your phone bill right up to the final whistle or the off. Bets cost £3.

Texts you send are at your standard network rate. Texts betNOW send you are FREE of charge. When your bet has been placed you will receive a confirmation message. If you do not receive a confirmation message your bet has not been placed. Text HELP to 89000 for assistance and betNOW will call you back. Or call 0845 371 1250 (Monday to Friday, 10am to 6pm).

Specific Promotion Terms and Conditions (these are a subset of the full T&Cs which follow below)

1. Open to new betNOW customers who have not previously texted the betNOW service. Over 18’s only.

2. Free £3 Bet available against win, lose, draw, first scorer or correct score bet on soccer or win or to-be-placed markets on the horses. Late bets will NOT be placed. If you do not receive a confirmation message your bet has NOT been placed.

3. Offer only available via text ONLY. Each bet placed requires two texts at your standard network rate. BetNOW reply texts are free of charge. News International (SUN, News of the World and Dream Team) will not be held responsible for any breakdown in communications systems or networks which might result in a Free Bet not being registered or a Text message not being received.

4. STRICTLY restricted to one Free £3 Bet per reader (not per reader per team).

5. Free Bet winnings can be withdrawn in cash from a UK/NI Post Office or retained as account credit (reader’s choice). Free Bet stake NOT paid out in any winnings but is retained as account credit to use against future bets.

6. Cannot be used in conjunction with any other offer or exchanged for cash.

7. betNOW terms and conditions (below) apply

8. Delivery report setting on your mobile will slow down the response rate of betting confirmation.

9. Standard News International rules apply

Introduction to General Terms & Conditions

Licence code: UNITED KINGDOM

Open Vantage Limited (the 'Company') is a limited liability company registered in England and Wales, number 05600602. Our registered offices are at 1-4 King Street, London, WC2E 8HH. We provide a mobile betting service (the 'Service'). We do not accept bets ourselves, but we provide our customers with an automated facility for the placement of bets with a third party, ( The 'Counterparty'). In return for this Service, we take a commission from each customer transaction. The Company trades as betNOW and the betNOW logo is a registered trade marks of the Company. Open Vantage Limited holds a Combined Remote Operating Licence number 000-002314-R-103502-001 issued by the Gambling Commission under Part 5 of the Gambling Act 2005. In these terms and conditions references to 'we', 'us', 'our' and any similar expression shall be to include the Company. This agreement is entered into between us and the customer ('you').

Agreement (General Terms & Conditions)

1. Effect of this agreement

1.1. You accept these terms and conditions by either:

Ticking the “I accept” box in the on-line registration page at betnow.co.uk
By connecting to the betNOW service by responding to an SMS from 89000

1.2. When you accept these terms and conditions by executing either one of the two actions mentioned above or by continued use of the Service; you are bound by the entirety of these terms and conditions and 'Privacy Policy' that is incorporated by reference into these terms and conditions. If there is any inconsistency between these terms and conditions and any document incorporated by reference, these terms and conditions will prevail.

1.3. If we make significant changes to these terms and conditions we will take appropriate steps to bring such changes to your attention (such as by placing a notice of such change on a prominent position on the Website, together with the changed terms and conditions). It is your responsibility to check these Terms and Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Service will be deemed to be your acceptance of any changes to the terms and conditions and privacy policy. Any bets accepted and matched by our Counterparty prior to the time of amendment and notification of the changed terms and conditions will be subject to the pre-existing terms and conditions.

2. Your representations

2.1. You are a UK resident and are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions. You are able to evidence your age with legally recognised documentation and able to evidence your UK address with one of the following documents:
•    utility bill
•    credit card or bank statement
•    tv licence
•    UK /EU driving licence
•    passport
•    police warrant card
•    armed forces id card
•    DWP(benefits) letter.

2.2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your betNOW registration. In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorized by you and for this purpose you hereby indemnify The Company and hold The Company harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.

2.3. You understand that by using our services you may lose money on bets placed and accept that you are fully responsible for any such loss.

2.4. You will only use our service while located in the United Kingdom. You will not use our service to bet via any means in any location where it is prohibited to do so. In particular, you will not bet or attempt to bet via our Services when you are located in the United States of America and/or such other restricted jurisdictions as the Company may from time to time determine. You agree it is your responsibility to verify that you are permitted to bet in any jurisdiction in which you are located. The availability of the Service does not constitute an offer or invitation by The Company to use the Service in any jurisdiction in which such use is illegal.

2.5. You agree it is your responsibility to verify that you are permitted to bet in any jurisdiction in which you are located. The availability of the Service does not constitute an offer or invitation by The Company to use the Service in any jurisdiction in which such use is illegal.

2.6. You are not an undischarged bankrupt or in a voluntary arrangement with your creditors.

2.7. If paying money into a betNOW account (as defined in clause 4.1.1) by credit card or by UK debit card, you are the authorised user of such card. At no time in the past have you failed to honour a liability on a bet by charging back to your card issuer a payment made by card for betting services.

2.8. You undertake to use our services for legitimate betting purposes only. In particular you undertake not to (i) engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us to any third party, including without limitation any tax, levy or duty collecting authority; or (ii) bet on, or manipulate any market in bad faith or in a manner which we believe has the purpose or effect of adversely affecting the integrity of the Company's Service.

2.9. You will not attempt to hack, make unauthorized alterations to or introduce any kind of malicious code to the Website or the Company by any means. You will not (a) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.

2.10. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of the Website including within your own username or other information supplied to the Company.

2.11. You agree it is your responsibility to account for any tax or duty imposed on you as a resulting of placing bets through the Service.

2.12. You will not make your account available to minors or any other person for whom it is illegal to use the service.

2.13. You understand that winnings cannot be collected until you have been successfully age verified as being 18 years old or older. If you cannot be so age verified, your liabilities will be returned to you at the company's discretion and any winnings will be donated to a charity of the company's choosing.

3. Privacy

3.1. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).

3.2. We reserve the right to contact you at any time if we have reason to believe that the betNOW service is being used contrary to the provisions within these terms and conditions or that grounds exist for suspicion that illegal activity may be occurring.

4. Accounts and payments

4.1. Opening an account.

4.1.1. Bets may be placed with funds drawn from your mobile phone bill (whether a Contract or pre-pay mobile account). We refer to this type of betting as PSMS Betting. You may also bet with funds which have been placed into a betNOW account. This type of betting we refer to as Account Betting in these terms and conditions. The betNOW account will be operated by OpenVantage or any another provider which may be elected from time to time at the sole discretion of The Company. Funds for account betting are sourced from UK Credit or Debit Cards or from our Payments Provider; LUUP which is administered by Contopronto AS and is regulated by the UK Financial Services Authority. LUUP holds a pan-European E-money license issued under the European Union E-money Directive.

4.1.2. We may not accept registration from persons resident in jurisdictions that prohibit online or telephone sports betting.

4.1.3. You agree to provide accurate registration information. You agree to inform us of any changes in such details.

4.1.4. You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of such information.

4.1.5. Registration will be conducted using secure server encryption.

4.1.6. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed. We reserve the right to declare null and void any bets which are the subject of such an error.

4.1.7. You will only register one account using one mobile phone. You understand use of multiple mobile phones to create multiple accounts is strictly prohibited. If you wish to change your mobile number at any time you can do so by contacting betNOW Customer Services.

4.2. Confirmation, passwords and telephone account numbers.

4.2.1. If you register with us via the Website, we will send an activation code to your mobile phone number. Entering this code into the Website will identify you as the owner of the phone and complete the registration process.

4.2.2. You agree to keep your username and password strictly confidential and you are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letter and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that combine a combination of non obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.

4.2.3. You agree to inform us at once by electronic mail and by telephone if you believe that your account information is being misused by a third party so that we may suspend your account.

4.2.4. If you are using the Website, we strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.

4.3. Contribution of Funds and Operation of Stored Value Account

4.3.1. In accordance with clause 4.1.1 above, to perform Account Betting you can contribute funds into a betNOW account either directly from you UK Credit or Debit Card or from our payment provider; LUUP.

4.3.2. By performing Account Betting you authorise us to obtain funds from your betNOW account previously credited from your UK Credit or Debit Card or to obtain funds on your behalf from LUUP according to the User Agreement on the website at www.luup.com and in accordance with these terms and conditions.

4.4. Exposure management

4.4.1. Your betting limit may be restricted to a pre-defined limit set out by the Company which is specified on the Company website. If you have a LUUP account this limit may be further restricted in accordance with the terms of that account.

4.4.2. You will only be able to place a PSMS Bet if the network operator billing transaction is successful and the Counterparty accept the bet. You will only be able to place an Account bet with the Service if you have sufficient funds in your betNOW account funded from winnings, payment cards or have provided a payment source via LUUP to meet your obligations, and only if the bet is accepted by the Counterparty. If an Account bet fails through lack of funds, the service 'falls back' to a PSMS bet. We will inform you via text to confirm whether a bet has been successful or unsuccessful.

4.5. Welcome Promotions.

4.5.1. When you use the betNOW service for the very first time and you may qualify for a promotion consisting of free bet credits with which to try out the service. Some important terms apply to any such promotion. The following definitions apply:
Free Bet Credit: A source of betting funds created specifically for this promotion. A free bet credit is allocated to a qualifying customer and is used to fund subsequent 'free bets'. The credit is a non-negotiable, non-refundable, non-transferable, discretionary credit; that the customer may use to fund their bets. If a credit exists, it is used to fund the customer's bets ahead of any other funding sources. If a customer wins a bet (wholly or partially) funded with free bet credit, then that portion of the stake which is funded by free bet credit is returned to the customer as free bet credit, the remainder of the total return is credited as winnings.

PSMS Bet: A bet funded from the customer's phone bill via a mobile terminated premium SMS text message.
Account Bet: A bet funded from the customer's winnings or from cash funded directly from a payment card or from a LUUP Wallet.
Welcome Promotion: A promotion available to customers who use the betNOW service for the very first time. Examples include the VIZ £10 free bet promotion and the Daily Mirror and Daily Record £10 free bet promotions. A customer may only ever qualify for ONE Welcome Promotion.

4.5.2. Credits allocated from such promotions are intended to be valid for 1 month, but the actual validity period is entirely at the company's discretion and may be ended without notice. Such promotions and any outstanding free bet credits may be withdrawn at any time.

4.5.3. During the promotional period, customers who successfully use the betNOW service will receive an amount of bet credit, either as a single lump sum or on a buy-one-get-one-free basis. The value of bet credit offered is entirely at the company's discretion and may be varied at any time.

4.5.4. To qualify for such a promotion, Customers must comply with the betNOW Terms & Conditions and have successfully accessed the betNOW service to bet for the first time. If a promotional keyword is required to trigger the promotion, it must have been texted accurately, with no additional punctuation or spaces the very first time. Any one Welcome promotion is only available once per customer, the very first time they access the service. The definition of a successful access is at the company's sole discretion. However in most cases, a customer will know if they have successfully accessed the service when they receive a text message confirming the allocation of bet credit.

4.5.5. Any individual customer can only qualify for one Welcome Promotion, once. For the avoidance of doubt, customers who have already qualified for a Welcome Promotion CANNOT also qualify for any subsequent Welcome Promotion. Customer's found to have qualified more than once (for example if they have two phone accounts) may have their credits removed and betNOW accounts closed at the company's discretion.

4.5.6 betNOW is an 18+ service. If betNOW has been unable to confirm a customer's age within 72hrs of a chargeable bet having been placed, then use of that customer's betNOW account will be suspended. Once suspended, no bets funded by credits or another source may be placed until betNOW has been able to confirm the customer is 18 years of age or over.

4.5.7 Free bets are issued as free betting credits and are held on behalf of the customer by betNOW. Whilst free betting credits remain, these will be used (ahead of any other funding source) to fund the customer's bets. These are non-transferable and cannot be redeemed as cash. Once the credits are used up, the customer will revert to their chosen default funding source (PSMS or Account).

4.5.8 Returns received by the customer from winning (partly or wholly) bet credit funded bets are handled in one of three ways at the company's discretion and as defined in any one promotion:

i) The stake and the winnings are returned to the customer as winnings and can be bet or collected.

ii) The credit component of the stake is returned as credit and the remainder returned as winnings which can be bet or collected.

iii) The credit component of the stake is retained by the company and the remainder returned as winnings which can be bet or collected.

4.6 betNOW's Card Policy

There are certain restrictions when using a card for payment at betNOW. These are to prevent fraud and are enforced to protect all our customers;

4.6.1 Registering your Card.We accept Visa and MasterCard Credit Cards and UK Debit Cards; VisaDebit and Maestro (including switch and solo). Your card must be registered before you can deposit funds. To register your card, provide your card details and billing address to Customer Services. You cannot register a card if it is already registered on another betNOW account. You can register a maximum of 3 cards on your account. A second card cannot be registered within 24 hours of the first successful deposit from your original card. 'betNOW' will appear on your card statement for any transaction.

4.6.2 Depositing Funds.There is a minimum deposit size of £20 for Credit Cards and Debit Cards. To reflect our own transaction charges, there is a 2.5% fee for all Credit Card deposits. This fee will be shown as a separate transaction on your betNOW account statement. There is no fee for Debit Card deposits.

4.6.3 Withdrawing Funds. There is no fee for card withdrawals. You can only withdraw funds to a card which is not due to expire within next 2 days. You must withdraw to each card at least the total amount deposited from that card before you are able to withdraw your 'additional' winnings.Your additional winnings (over and above the total amount you have deposited) can be withdrawn back to a Debit Card (if applicable). Please note you cannot withdraw more to a UK MasterCard Credit Card than you deposited with that card. These rules are imposed by MasterCard. You can only withdraw up to a maximum of the sterling equivalent of USD48,000 or currency equivalent per day to any VISA card (including all Debit Cards).

4.6.4 Unregistering your Card. You can only unregister a card if you have made a successful deposit with that card, and you have withdrawn to that card at least the amount deposited.In exceptional circumstances we are able to unregister a card on your behalf (for example if your card has been lost or stolen), however proof of card ownership may be required. Please contact customer services. If you register a MasterCard, you may only unregister it if it has been validated.

4.6.5 Secure Payment Information. Your full card details are processed only once: when you register a card. Your card details are encrypted and stored on our secure server. We use PaymentTrust and RBS Streamline as our secure payment partners. They are both leading players in global e-commerce payment. Your funds, along with all client monies, are held in a an account at The Royal Bank of Scotland plc. For additional online security, betNOW participates in the Verified by Visa and MasterCard SecureCode initiatives (together known as 3D Secure) which aim to improve security across the web. If your card issuer is enrolled, you may be asked to provide a personal password or further identity information to your card issuer when you make a deposit.

5. Use of The Company's services

5.1. The Service carries offers for bets that remain available for acceptance by you at any time. We provide our customers with the following help facilities: (i) on the 'Help' section of the Website itself; and (ii) by email and by telephone with our customer helpdesk. However, you are responsible for understanding the contents and operation of our Service. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to the Company and to monitor all information relating to betting on customers accounts for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000.

5.2. In accordance with your 'texted' instructions, the betNOW service will endeavour to get the bet placed with our Counterparty service although the Company cannot guarantee that the bet will be placed and it remains your responsibility to ensure that the bet is placed. In the event we have drawn down funds but been unable to place a bet we will inform you and credit those funds to your betNOW account.

5.3. The availability of the Service is at our absolute discretion. We will at all times use reasonable endeavours to settle bets as quickly as possible, but we give no assurances as to the timeframe in which bets will be settled.

5.4. We may determine, at our discretion, to take steps to block you from placing bets with the Service if you are located in certain jurisdictions. For example, it is the Company's policy not to allow bets from people located in the United States of America. We may also take steps to block you from placing bets with the Service if in our opinion you are abusing the service.

6. Offers for bets

6.1. You agree to appoint the Company as your agent: (i) for the communication of your orders for bets; and (ii) for receipt of communications of acceptance of your orders for bets.

6.2. We will only allow you to place a bet with the Company if you are in compliance with these terms and conditions. If we allow you to place a bet and subsequently suspect that you are or were, at the time of placing the bet, in breach of this agreement, we may, at our absolute discretion, withdraw your bet from our Service, void any bets outstanding to your account and terminate your account.

6.3. You are entirely responsible for the information that you provide us concerning the bet that you wish to place. We will not be liable for incorrect entries made by you on the Website or by SMS, including data input errors with respect to the stake on offer.

6.4. Once your offer for a bet is accepted, you will not be able to change the terms of your offer.

6.5. We may determine, at our absolute discretion, when our Service is open for the posting of offers for bets on any particular Market and may close the Service at any time at our absolute discretion.

6.6. Notwithstanding any statement to the contrary in these terms and conditions, the Company may elect to nominate one or more of its subsidiaries or joint venture companies to act as counterparty in respect of bets involving a certain category of its customers.

7. Acceptance of bets

7.1. While we will attempt to ensure that offers for bets are correctly displayed, we do not guarantee that every offer displayed as outstanding will be available for your acceptance. All or part of the offer of a bet displayed by the Company as available on the Service at specific Returns may be successfully cancelled by one or more counter-parties before your acceptance is processed by the Service. In this case, the offer for a bet will be withdrawn before your acceptance of that offer is acknowledged.

7.2. Subject to Clause 6.6 when you accept an offer to bet as posted on the Service, you are not betting with the Company but with the Counterparty used by the Company.

7.3. Once you have accepted an offer to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet.

7.4. In the event that the company is unable to place your bet with our counterparty (e.g. due to a suspended market) the bet will be treated as null and void and we will credit your stake to your accumulated winnings or your betNOW account if you have one.

7.5. We will attempt to place your bet on your behalf with our Counterparty so that you will receive either the Returns that you have requested or better Returns, without increasing your exposure, if that is to your advantage.

7.6. We may determine, at our absolute discretion, when the Service is open for the acceptance of bets.

8. Terms applicable to all bets

8.1. Cancellation, Termination, Suspension and breach.

8.1.1. Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the Service, suspend or terminate your account or cancel any unsettled bets at our absolute discretion without cause at any time, including (without limitation) if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Service; (ii) we suspect you are breaching any term of this agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, for the Company or for third parties; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, Insolvency Service or taxation authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures we may suspend your account and all functionality relating to the use of your accounts pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary 'know your client' information.

8.1.2. Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these terms and conditions, we may decide to cancel and void any outstanding or unsettled bets at our absolute discretion where (i) there is a technological failure, or (ii) we suspect that you or another customer with whom you have bet have (or may have) breached any terms and conditions in this agreement. In relation to any cancelled or void bets, we reserve the right to take any money from your account relating to these bets or, if there are insufficient funds in your account, demand that you pay us the relevant outstanding amount relating to these bets.

8.1.3. You may suspend or terminate your account at any time upon notice to the Company.

8.1.4. On termination of your account, in most cases we will return any funds in your account to you. We reserve the right to withhold the funds in your account from you where we suspect the account has been linked with fraudulent or dishonest activity or where we have to withhold the funds in your account by law or to comply with any instruction from any governmental, regulatory or enforcement authority.

8.2. Applicable thresholds: Minimum and maximum amounts.

8.2.1. You may place a minimum bet of £2 if you are using Account Betting or a £3.00 bet, chargeable to your mobile phone bill or pre-pay account, if you are PSMS Betting.

8.3. Maximum payout

8.3.1. The maximum payout to any one customer on any one day, including Ante-Post, is £5,000. Even if by taking prices our limits are exceeded, the maximum payout will still apply. The amounts stated refers to the total returns on your bet including original stake.
All maximums stated within these rules apply to any one customer, backing the same combination of selections even if it is done in a series of bets, at a range of prices, over a number of days via any betNOW betting account. Should we have reason to believe that a number of bets have been placed in this way, the total payment of all those bets combined will be limited to one single maximum payout.

8.4. Nature of bets.

8.4.1. You accept that any amounts lost by you under any bet will not under any circumstances be recoverable from the Company.

8.4.2. When performing PSMS betting you understand and accept that the amount charged by your mobile network operator and others for this facility will be deducted by them and/or may vary and/or otherwise be subject to VAT or other taxes or deductions and that the amount we receive will therefore be less than the amount you have paid. We (the Company) reserve the right to lay off or otherwise place your bet (for which we remain solely responsible) elsewhere and the actual amount placed on the bet (the stake) will vary at our sole discretion. At the point of acceptance of your bet we may charge or credit you with any tax due or otherwise incurred (as determined from time to time in accordance with current legislation) on the stake as appropriate and contemporaneously use our best endeavours to place that stake on your behalf under the terms of our contract with you in a manner as reasonably beneficial to you the customer as we see fit.

8.5. Bet Settlement.

8.5.1. We will settle outstanding bets as soon as possible after our Counterparty has settled their markets. We reserve the right to reverse settlement in the event of a market being settled incorrectly. This may lead to amendments being made to your balance to reflect changes in market settlement and if there are insufficient funds in your account we may demand that you put funds into your account to address the outstanding balance.

8.5.2. Any amount of winnings or losses relating to your bets on a market will be rounded to the nearest two decimal places. If the amount ends in 0.5 it will be rounded up.

9. Communications and notices

9.1. Communications and notices to be given under this agreement (other than those Services of information occurring in the normal operation of the service) should be sent to us in the manner prescribed in the 'Contact us' pages (accessible on the Website).

10. The Company

10.1. Commission and payment structure.

10.1.1. We provide you with a platform which enables you to place bets, in consideration of which we take a margin from the stake of each bet. This margin will vary depending on various factors such as the size of the stake, the odds available for the respective market and whether you are Account Betting or placing a PSMS Bet. The Company reserves the right to change this margin as it sees fit.

10.1.2. In addition, if you text more than a specified number of requests without placing a bet you may also be charged a transactional fee. We will use reasonable endeavours to inform you if your activity incurs a transactional fee.

10.1.3. We reserve the right to amend our policy on Fees from time to time

10.1.4. It is solely your responsibility to account for any tax or duty imposed on you as a result of placing bets through the Service.

10.2. Indemnity.

10.2.1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this agreement including documents incorporated by reference into this agreement or out of your violation of any law or the rights of any third party.

10.2.2. You acknowledge that the Company and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.

10.3. Matters beyond our reasonable control.

10.3.1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.

10.3.2. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of orders for bets or the matching of bets, or prevent you from being able to contact us.

10.3.3. We are not liable for the acceptance or settlement of any offers for bets where we do not receive communication of that acceptance or for any reason, we fail to process any instruction in good time.

10.3.4. We will not be liable for any failure to perform by a third party to our agreement.

10.4. Limitation of liability.

10.4.1. We exclude all representations and warranties as to the Service's satisfactory quality and/or fitness for its intended purpose.

10.4.2. We will not be liable to you for any loss that you may incur as a result of misuse of your password or mobile phone or SIM card and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.

10.4.3. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing bets or otherwise by your use of the Service, this agreement or our services. Under no circumstances will our liability under these terms and conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.

10.4.4. Nothing in these terms and conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.

10.5. Intellectual property.

10.5.1. The betNOW logo and the Open Vantage logo are registered trade marks of the Company and the Company is the sole owner of the same. Any unauthorized use of the Open Vantage trade marks may result in prosecution.

10.5.2. www.openvantage.com is the uniform resource locator ('URL') of our Company and betnow.co.uk of our Service and no unauthorised use may be made of either of these URLs on another website or digital platform without our prior written consent.

10.5.3. Your registration and use of our Service confers no rights whatsoever to the intellectual property contained in our Service. You agree not to use any automatic or manual device to monitor or copy our web pages or any content therein. Any unauthorised use or reproduction may be prosecuted.

10.5.4. You grant the Company an irrevocable, perpetual license to all forum postings by you to use or reproduce for any purpose whatsoever.

10.6. Assignment.
10.6.1. You may not assign any part of this agreement but the Company may assign this agreement to its subsidiaries without notice to you.

10.7. Information Services.

10.7.1. From time to time the Company may provide you with access to various information via the Website (including micro-sites and as part of any runner data and/or results service) and/or via emails or SMS text messages. Furthermore,the Company may provide you with links to third party websites which may include information.

10.7.2. The information referred to in 10.7.1 is supplied "as is" and for guidance only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, The Company makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.

10.7.3. The Company shall not be liable for any action taken by you as a result of your relying on any information referred to in 10.7.1 or for any loss or damage suffered by you as a result of you using such information or any third party website linked to from the Company.

10.7.4. Any links from the Website to third party websites do not constitute an endorsement by the Company of any products or services available on such websites. You use such websites at your own risk and the Company takes no responsibility for the content on, or use of, such websites.

10.8. betNOW Access

10.8.1. These terms and conditions apply to you, through whatever means you access the service.

11. Severability

11.1. In the event that any provision of these terms and conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

12. Dispute resolution

12.1. In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.

12.2. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance or, if appropriate, the Independent Betting Arbitration Service may be called upon to adjudicate.

13. Mobile phone security

13.1. If you lose your mobile phone you must immediately contact your mobile phone provider to block your subscription and contact us at betnow.co.uk so that we can disable your betNOW account.

13.2. We will not be liable for any loss or damage you incur prior to you contacting us and your account is disabled.

13.3. We strongly advise you to always use your phone's security lock or PIN number when not in use. To learn more about mobile phone security please visit:

http://www.lbwf.gov.uk/index/community/personal-safety/mobile-security.htm

14. General

14.1. This agreement is governed by the laws of England and Wales.

14.2. The courts of England and Wales have non-exclusive jurisdiction.

14.3. The Contracts (Rights of Third Parties) Act does not apply to these terms and conditions.

14.4. This agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.

14.5. No failure or delay by a party to exercise any of its rights under this agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.